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Can a construct contract legally use verbiage instructing you that you will not be allowed to file an intent to lein?

Our contract reads that we agree not to file an intent to lein and if we do we will be responsible for any legal costs to remove it. Is this legal to do?

3 replies

Jan 10, 2020

We like to refer to these as "no-lien clauses" and each state approaches the ability to waive lien rights before working on a project. While some explicitly allow this practice and others have prohibited this practice as going against public policy; the state of Washington has no explicit laws that either allow or deny the ability to do so. Therefore, contractors working within the state should thoroughly read their contracts and approach such clauses with caution. For more information: No Lien Clauses: A 50-State Overview for the Construction Industry

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